SUNITA KHERA Vs. JABBAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and award dtd. 26/5/2012 passed by Motor Accident Claims Tribunal, Court No.9, Saharanpur (hereinafter referred to as "Tribunal') in M.A.C.P. No. 210 of 2010 (Smt. Sunita Khera and Others Vs. Jabbar and another), by which the learned Tribunal has awarded a sum of Rs.12,01,985.00 with 6% per annum simple rate of interest. Learned Tribunal also held contributory negligence to the tune of 50% of each of the drivers, involved in the accident.

(2.) Brief facts as culled out from the record are that a claim petition was filed by appellants-claimants on account of death of Ram Kumar Khera with the averments that on 10/5/2010, the deceased was going on motorcycle No. UP 11B 9754, driving himself, at a moderate speed from Saharanpur to his house Yamunanagar. At about 7:00 pm when he reached near Bajaj Agency from Sarsawa, a truck Tata 407 bearing No.11 T 1174 came from opposite direction. This truck was being driven rashly and negligently and at a high speed by its driver. The truck driver hit the motorcycle of the deceased after coming from the wrong side in order to overtake a three wheeler. In this accident, Ram Kumar Khera sustained serious injuries. He was admitted to District Hospital, Saharanpur, where he was declared dead by the doctor. The age of the deceased was 39-40 years and he was working in Punjab National Bank as Head Cashier.

(3.) Heard Shri Avinash Pandey, learned counsel for the appellants-claimants and Shri Aditya Singh Parihar, learned counsel for the Insurance Company-respondent. Perused the record.